The right to be left alone, one of the great rights observed only in the breach, has been regular fodder here. But it’s rare when there is a legitimate choice between obedience and death. Ryan Snodgrass faced such a choice. From the Denver Post, via Turley :
Ryan Daniel Snodgrass, a 28-year-old guide with Arkansas Valley Adventures rafting company, was charged with “obstructing government operations,” said Clear Creek Sheriff Don Krueger.
“He was told not to go in the water, and he jumped in and swam over to the victim and jeopardized the rescue operation,” said Krueger, noting that his office was deciding whether to file similar charges against another guide who was at the scene just downstream of Kermitts Roadhouse on U.S. 6.
Duke Bradford, owner of Arkansas Valley Adventures, said Snodgrass did the right thing by contacting the 13-year-old Texas girl immediately and not waiting for the county’s search and rescue team to assemble ropes, rafts and rescuers.
The 13 year old girl had fallen out of the raft and was missing for 30 to 45 minutes. Snodgrass, a guide, searched for her, He was trained and certified to search and rescue someone who falls into the water. It’s part of the job of a rafting guide. But the girl wasn’t found immediately, and so the police were called in. And, as police often do, they took over.
Since it had been so long, [Clear Creek Sheriff Don] Krueger said, it was no longer the rafting company’s rescue.
“They should involve themselves up to a point. They lost contact. Whether they want to say they were trying to rescue their customer, when they had lost visual contact and had no idea where their customer has been for 30 to 45 minutes, then it becomes our issue.”
There are sound policy reasons why police would order others to stay clear of their operations. An outsider could interfere with their ability to conduct the search and rescue. He could become a second victim, thus presenting an additional problem to deal with and risk to those who would have to save him.
In this case, however, neither of these concerns were present. The cops had yet to get their act together and commence a search and rescue operation, and Snodgrass was certainly qualified, perhaps more so, than any officer present. So when he spotted the 13 year old girl, he immediately acted and went to her. He saved her.
For this, he was arrested.
The cynic would say that the cops were angry that he stole their thunder. Here they had a chance to be heroes, and Snodgrass’ rescue made them look like chumps instead, standing around playing tin soldiers while a 13 year old girl could have drowned. Sheriff Krueger’s only explanation was a turf war. Apparently, there’s some elapsed time that turns saving a life into a pushing match over who gets to save the child. Even if it means the child dies while the cops push back.
“To jump into water and navigate a river in a swiftwater rescue is common. You get into the river and swim. You have to do it,” Branford said. “The fact these guys don’t understand that is disturbing. Making contact immediately with your victim is essential. It’s not about who is in charge. It’s about the safety of a 13-year-old girl. You are going to do everything in your power to insure the safety of your guest, and if that means in Idaho Springs you get arrested, well I guess we’ll just get arrested.”
If ever there’s been a truly good reason to get arrested, this is it. At least one man put the life of another person ahead of being a compliant lover of order.
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I’m a pretty serious whitewater paddler and have taken part in several rescues, some quite serious. I have the same swiftwater rescue certification as most rafting guides and have actually taught swiftwater rescue courses as an assistant instructor…
I’m also pretty familiar with the training provided to most fire departments, sheriff’s departments, and police. While they get “good” training, and learn some useful things, they have nothing like the skill set or experience of a raft guide when it comes to swiftwater rescue. Emergency personell usually train for a day or two a year with equipment that is totally unfamiliar to them in an environment where they don’t feel comfortable at all. Raft guides do this stuff all day, every day. Complex rope rescues and swimmer or live-bait rescues, which are the most intensive, demanding, and dangerous of all swiftwater rescues, happen daily in the rafting industry.
I mention all that to make a point for people who may not be familiar with whitewater and the skills and abilities of the parties mentioned in this article. What happened here is the rough equivalent of a police officer with a few days of first aid training and a basic first aid kit arresting a doctor who was trying to provide complex care to an accident victim.
Thanks for the details. While I didn’t have the background that you do, it appeared clear that Snodgrass was far better trained and capable in this specific area than the generically trained cops.
I know some swiftwater rescuers. They train constantly, almost daily. The police train regularly, too, but not every training package involves swiftwater rescue. It wouldn’t surprise me if this guy ultimately gets some kind of award for his actions.
Yup. Good cops are good generalists at a lot of things. It’s not surprising that these guys thought they could do a decent job at river rescue — and they probably could — and didn’t recognize that there was a guy handling it who was, as it turns out, a lot better trained in the specialty, and who had the additional advantage (for all concerned) of a head start.
So far, so good. But it takes a special kind of arrogance to turn a disagreement over the best way to proceed in which they were wrong into criminal charges against the guy who turned out to be right.
Every thing is going to be ok. This case will not be prosecuted. The LEO just mad because Snodgrass did not obey his orders. Police can charge anyone with anything.
You’ve missed the point of the post. No one was concerned that Snodgrass was going to prison over this, but about the way in which the police reacted to his conduct. This is blog for lawyers; we’re kinda familiar with what the police can do.
“Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master.” ~George Washington~
I tire of the arrogance of the police in these United States of America. We will rue (sooner than later) the Police State which we are allowing to take over our society.
This is a blog for lawyers, Lawyers I tell you, LAWYERS. (Stomping of feet).
QUOTE “Krueger said, it was no longer the rafting company’s rescue.”
I guess Snodgrass didn’t agree with that opinion.
I wonder what the 13yr old girl & her parents think about whose “rescue” it was???
I also wonder how close elections are there, looks like they could use a new sheriff.
Well, when you say it that way, it just sounds silly.
Malicious Prosecution. IIED. Let the tort lawyers have at ’em.
Not that anyone is reading this old entry, nor that it would surprise anyone, but charges were dropped:
http://boatertalk.com/forum/BoaterTalk/1052188540/